What is the test for awarding special costs in personal injury cases?
British Columbia, Canada
The following excerpt is from Stach v. Younger, 2009 BCSC 476 (CanLII):
The guiding principle for special costs awards is that they should only be awarded where there has been some “reprehensible conduct” by a party. Mr. Justice Davies recently reviewed this concept in Chudy v. Merchant Law Group, 2007 BCSC 279, aff’d 2009 BCCA 93, [2009] B.C.J. No. 383, [2007] B.C.J. No. 398:
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